A partner or family member assault (PFMA) conviction stays on your Montana record for life unless a court acts. No statute erases it after 5, 7, or 10 years. The two ways the record changes are a dismissal after a deferred sentence and, for misdemeanors, a one-time petition for expungement. This page is the overview for the record and daily life section of our Montana Domestic Violence Guide, and it links to a detailed page on each consequence.
What "Your Record" Actually Is
There is no single file. A PFMA case leaves a trail in at least three places: the court that handled it, the law enforcement agency that made the arrest, and the criminal history repository kept by the Montana Department of Justice. Private background check companies then copy from those public sources.
Montana sorts this information into two groups. Public criminal justice information includes court records and proceedings, convictions, deferred sentences, initial offense reports, initial arrest records, and bail records (MCA § 44-5-103(13)). There are no restrictions on its dissemination (MCA § 44-5-301(1)). Confidential criminal justice information, such as investigative files, is generally limited to criminal justice agencies and people a law or a district court authorizes (MCA § 44-5-303(1)).
What the Record Shows After Each Outcome
| How the case ended | What the record looks like | MCA |
|---|---|---|
| Arrest, no charge filed or no conviction | The initial arrest record and any court file are public. Fingerprints and photographs must be returned and all copies expunged. | §§ 44-5-103(13), 44-5-202(8) |
| Deferred imposition of sentence, still running | Public. Deferred sentences are listed as public criminal justice information. | § 44-5-103(13)(c) |
| Deferred sentence, charge later dismissed | Confidential criminal justice information. Public access only by district court order on good cause. | § 46-18-204(2) |
| Misdemeanor conviction | Public, with no end date in the statutes. | §§ 44-5-103(13)(c), 44-5-301(1) |
| Misdemeanor conviction, later expunged | Records sealed by the court, the prosecutor, and the arresting agency, and expunged by the Department of Justice. | § 46-18-1110 |
| Felony conviction | Public. The misdemeanor expungement law does not reach it. | § 46-18-1104(1) |
Priors Count With No Time Limit
Many people know that Montana counts some older DUI convictions differently from recent ones. PFMA has no such rule. The statute lists what counts as a prior conviction, including convictions under similar laws in other states, and it contains no lookback period (MCA § 45-5-206(3)(b)). A second offense carries 72 hours to 1 year in jail, and a third or later offense carries 30 days to 5 years (MCA § 45-5-206(3)(a)). So an old conviction matters most on the day a new charge is filed.
The list of priors is broad. It includes earlier PFMA convictions, convictions under a similar statute in another state, a conviction for aggravated assault or assault with a weapon where the victim was a partner or family member, a conviction for strangulation of a partner or family member, and even a forfeiture of bail posted on a similar charge that has not been vacated (MCA § 45-5-206(3)(b)). See how prior convictions count.
If the Case Ended Without a Conviction
A dismissal or an acquittal is the best result for a record, but it does not make the case disappear. The court file remains a public court record, and the initial arrest record is public criminal justice information. What the law does require is cleanup of the identification records: if a person is released without charges, if the charges did not result in a conviction, or if a conviction is later invalidated, the state repository must return the photographs and fingerprints to the agency that took them, and that agency must expunge all copies (MCA § 44-5-202(8)).
Federal law adds a limit on private background check companies, which generally may not report an arrest record that is more than 7 years old (15 U.S.C. § 1681c(a)(2)).
Two Ways the Record Can Change
Dismissal after a deferred sentence. If the court deferred imposition of sentence and the deferral period ends, the court may allow a misdemeanor plea to be withdrawn and the charge dismissed. The records then become confidential. Our page on dismissal after a deferred sentence explains what that does and does not hide.
Misdemeanor expungement. A person may petition a district court once in a lifetime to expunge misdemeanor records. For most misdemeanors expungement is presumed after 5 conviction-free years. PFMA is on the list of offenses where it is not presumed, so the judge weighs the request (MCA § 46-18-1108). See expunging a PFMA in Montana.
Where a PFMA Record Follows You
- Work and housing: what shows on background checks, and how a record affects renting.
- Licensed professions: how boards treat a conviction involving violence, on our professional licenses page.
- Non-citizens: the federal deportation ground for a crime of domestic violence, in immigration consequences.
- Service members and students: military service and college students.
- Travel: why even a misdemeanor can matter at the border, in traveling to Canada.
- Registration and civil rights: the violent offender registry for third-offense PFMA and strangulation, and voting and jury service.
Firearm rights are their own subject, covered on our PFMA and gun rights page.
Why the Record Is Decided During the Case
Almost everything on this page turns on how the criminal case ends: a dismissal, an acquittal, a deferred sentence, a conviction for PFMA, or a conviction for a different offense. Each leaves a different record, and some cannot be undone later. That is why record consequences belong in the conversation with your lawyer before any plea, not after sentencing. Our PFMA defense page explains how these charges are defended.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.